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(영문) 대전지방법원 2016.02.17 2014나104733
권리자명칭변경등기말소청구등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a relative organization that made CC 20 years of age as a joint group and formed by descendants. The Defendant is a joint group of C C C 25 years of age, and C 25 years of age as a joint group of clans, and C 20 years of age to 24 years of age, and F, G, and H 3 years of age as 25 years of age.

B. As to the instant real estate, the registration of ownership transfer was completed as of September 28, 1994 by the Daejeon District Court (Seoul District Court Decision 22347, Sept. 28, 1994, which was received on August 18, 1980).

C. On April 2, 2006, the representative of the Plaintiff was changed from I to J by the Plaintiff clan, and the registration of change of the indication of the registered titleholder was completed due to the change of the representative on May 22, 2006, the Daejeon District Court No. 15914, which was received on May 22, 2006, changing the Plaintiff’s representative from I to J by reason of the change of the representative.

On February 8, 2009, the representative of the plaintiff was changed from J to K by the general meeting of the plaintiff clans. On June 23, 2009, the registration of change of the indication of the registered titleholder was completed by changing the representative of the plaintiff from J to K on the ground of the change of the representative of the Daejeon District Court No. 18484, Jun. 23, 2009, which was received on June 23, 2009.

E. On September 28, 2010, K convened the Plaintiff’s extraordinary general meeting, and at that extraordinary meeting, there was a resolution to change the name of the Plaintiff’s clan (AJ) to the Defendant (B). Accordingly, the registration of change of the name of the registered titleholder (hereinafter “registration of change of the name of the registered titleholder”) that changes the name of the Plaintiff from the Plaintiff was completed on the ground of change of the name of the registered titleholder (hereinafter “registration of change of the registered titleholder”) on April 6, 2011, the Daejeon District Court rendered a resolution to change the name of the Plaintiff’s clan to the Defendant (B).

F. On April 7, 2012, the Plaintiff’s 17 members attended, and the Plaintiff’s clan general meeting was held, and L was appointed as the Plaintiff’s representative at that clan general meeting.

Since then, on April 6, 2014, the Plaintiff’s 17 members attended, and the Plaintiff’s clan general meeting was held on April 6, 2012 at that clan general meeting.

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